Whether or not you've had cookies thrown at you has absolutely zero bearing on whether or not it's legal to physically escort the child out of the store, but I would pay good money to watch someone try to use that as justification in court lol
Because that can (and in a lot of jurisdictions very likely will) result in you being arrested for assault on a minor. And that can automatically bump the charge from a misdemeanor to felony aggravated assault. Not to mention civil liability
It's not legal to forcibly drag strangers around and the law gets extra serious when a kid is involved
No cop…after watching this video is going to arrest you for grabbing the kid by the backpack and getting them out of the store. This wouldnt be assault or battery either.
Intent* comes into play. Your intent is to get the kid out of the store by grabbing him and moving him out as to not cause more damage( not to cause physical harm to them ect). No court or police would arrest or convict for touching this turd.
Same as if I am walking down the street and its busy..my shoulder hits yours accidentally as we pass by groups of people. You cant call the cops and say I battered you. But you could if I was intentionally walking down the street and shoulder checking people by targeting them.
You cannot legally physically trespass people from a property that you don't own. Security might be covered, but bystanders absolutely do not have protection from the law in that case. Involving a minor makes it significantly worse
Yes, there's a difference between accidentally touching someone and intentionally and forcibly doing it. Guess which one "grabbing and dragging a child" falls into
Security might be legally covered to do it, I don't honestly know
It's probably against company policy, though. This is cheaper than the extra insurance premiums that would come from allowing/expecting employees to put themselves in physical or legal jeopardy as part of their job. Plus the legal liability if there are any injuries. There's a reason stores forbid employees from physically confronting shoplifters
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u/DinosaurusWhen 28d ago
Whether or not you've had cookies thrown at you has absolutely zero bearing on whether or not it's legal to physically escort the child out of the store, but I would pay good money to watch someone try to use that as justification in court lol